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Terms of Use

The following Terms of Use govern and apply to your access and use of our website (pathwaymd.com) (the “Site”) and our software (the “Software”), as well as the service provided through the Site and Software (the “Service”). By accessing or using our Site, Software or Service (collectively “Pathway”), you signify your agreement to these Terms of Use. This is a contract (the “Agreement”) between you ( the “User” or “you”), and Pathway Medical Inc. (the “Company” or “we”).  

We respect the privacy of our users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information. When you access or use Pathway, you signify your agreement to this Privacy Policy.  

Pathway is intended for use only as an educational aid. Pathway is intended for use only by registered physicians, medical residents, medical students and other licensed healthcare practitioners. Pathway does not and cannot replace the clinical judgment and medical decision making that is exercised by a healthcare professional.  

Pathway is not intended for use to diagnose or treat a medical condition. If you have or suspect that you have a medical problem or condition, please contact 911 or a qualified healthcare professional immediately.  

While the Company aims at delivering practical and accurate information, the Company expressly excludes and disclaims all warranties that the information contained in Pathway is 100% up-to-date, complete or error-free. The Company does not guarantee the accuracy, completeness, or usefulness of any information on Pathway and neither does the Company adopt, endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement contained in Pathway. Opinions, advice, statements, recommendations or other information made available through Pathway are those of their respective authors, and should not necessarily be relied upon.  

By using Pathway, you agree that you will not under any circumstances engage in malicious use or interference with Pathway, including without limitation:  

  • use Pathway for any unlawful or immoral purpose or for the promotion of illegal activities;
  • interfere or attempt to interfere with the proper functioning of Pathway;
  • execute or attempt to execute a “Denial of Service” attack;
  • attempt to access or search Pathway through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like); 
  • make any automated use of Pathway, or take any action that the Company deems to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • modify, adapt or hack Pathway or modify another website so as to falsely imply that it is associated with Pathway or the Company;
  • do anything which impairs the proper operation of Pathway’s network;
  • copy or distribute Pathway without written permission from the Company.  

The Company reserves the right, but has no obligation, to limit or deny a user’s access to Pathway or take other appropriate action if a user violates these Terms of Use.  

WARRANTY DISCLAIMER  

TO THE FULLEST EXTENT POSSIBLE, USE OF PATHWAY IS AT YOUR OWN RISK. PATHWAY IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING PATHWAY INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF PATHWAY WILL BE UNINTERRUPTED OR ERROR FREE OR FREE OF BUGS AND VIRUSES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS OR DAMAGE RESULTING FROM YOUR DOWNLOADING AND/OR USE INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM PATHWAY.  

LIMITATION OF LIABILITY  

YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHERWISE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS, DISPLAY OR USE OF PATHWAY (INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON INFORMATION OR OPINIONS THAT APPEAR ON PATHWAY, ANY INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH PATHWAY, OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF, OR USE OF PATHWAY). THE COMPANY SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, ANY COMPUTER RELATED DAMAGE OR LOSS OF DATA. THIS ENTIRE LIMITATION SHALL APPLY EVEN IF THE COMPANY WAS INFORMED OF THE POSSIBLE OCCURRENCE OF THE ABOVEMENTIONED DAMAGES. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU, THE USER, AND THE COMPANY.  

WITHOUT LIMITING THE FOREGOING, YOU HEREBY GRANT TO THE COMPANY A FULL AND FINAL RELEASE AND FOREVER ACQUIT AND DISCHARGE THE COMPANY OF AND FROM ALL CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS AND DEMANDS OF WHATSOEVER NATURE, CHARACTER OR KIND WHICH YOU CAN, SHALL OR MAY HAVE AGAINST THE COMPANY, WHICH RELATE TO: (I) YOUR ACCESS AND USE OF PATHWAY, INCLUDING A DISPUTE BETWEEN YOU AND ANY OTHER USERS OF PATHWAY; AND (II) ANY INFORMATION WHICH YOU OBTAIN THROUGH PATHWAY.  

Pathway may contain links to other websites and apps that are operated by third parties, and are not under the control of the Company. The Company is not responsible for, and expressly excludes all liability with relation to these linked websites which you access and use at your own risk, and the Company makes no representations, warranties or conditions concerning the linked websites or their contents, products or services.  

You agree to indemnify, defend and hold harmless (including reasonable legal fees) the Company from any action, loss, liability, claim or demand relating to: (i) your access and use of Pathway, including a dispute between you and any other users of Pathway and (ii) your breach of any of the provisions of these Terms of Use.  

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site or the Software from time to time to view any such changes in the Agreement. If you continue to use Pathway, you signify your agreement to our revisions to these Terms of Use. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephone or email communications shall be valid.  

The Company does NOT claim any ownership rights on the recommendations or articles that are provided through Pathway.  

The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to Pathway. The Company name, the Company logo, and the product names associated with Pathway are trademarks of the Company or third parties, and no right or license is granted to use them. You may not prepare derivative works of Pathway without the Company’s explicit written consent. Permission to reproduce material from Pathway in another publication or website must be secured in writing via e-mail or regular mail.  

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.  

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. The Company’s rights under this Agreement will survive any termination of this Agreement.  

These Terms of Use will be interpreted in accordance with the laws applicable in the province of Quebec (Canada), without regard to its conflict-of-law provisions. You and we hereby agree, for any claim or lawsuit resulting from any reason whatsoever in relation with these Terms of Use or Pathway, to attorn to the judicial district of Montreal, province of Quebec, Canada, as the appropriate location for the hearing of said claim or lawsuit and excluding any other judicial district of Quebec or elsewhere which might have jurisdiction with respect to any such matter.  

The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, so long as such assignee or delegate agrees to the terms set forth herein. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.  

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY [INSERT LINK TO PRIVACY POLICY] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU, THE USER, AND THE COMPANY AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.  

You have agreed that these Terms of Use be drafted in English.